Launch offer — up to 85% off across all services | Free Educational Brief with every drafting order | Claim it →

Bharatiya Nyaya Sanhita, 2023 Chapter III · General Exceptions
← Previous Section 14 of 358 Next →
Bharatiya Nyaya Sanhita, 2023 — Section 14

Act Done by a Person Bound, or by Mistake of Fact Believing Himself Bound, by Law

Section 14 opens Chapter III, the General Exceptions. It provides that nothing is an offence if it is done by a person who is actually bound by law to do it, or who, because of an honest mistake of fact (never a mistake of law), genuinely believes himself to be bound by law to do it.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 14 is marked Exact correspondence:

BNS 14CoversIPC, 1860 equivalentCategory
14Act done by a person bound, or by mistake of fact believing himself bound, by lawS.76 (same rule, same two illustrations)Exact

Comparing the bare text directly, BNS Section 14 reproduces old IPC Section 76's rule and both of its illustrations without substantive change. The only textual difference found is in illustration (b): the BNS version refers simply to “a Court,” where the IPC version said “a Court of Justice” — a wording simplification only, with no change to the legal meaning of either illustration.

Quick Reference

Section 14 is a General Exception — a defence provision, not itself a stand-alone offence. It carries no BNSS First Schedule entry and no cognizable/bailable/compoundable/triable-court classification of its own; those classifications apply to the specific offence a person is charged with, and this section operates as a complete defence to that charge where its conditions are met.

What it requires: either (i) the person is actually bound by law to do the act, or (ii) the person is not actually so bound, but in good faith and by reason of a mistake of fact (never a mistake of law) genuinely believes himself to be so bound.
Effect where it applies: the act done is not an offence at all.

Statutory Text (Verbatim)

Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

Illustrations.
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.

(b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The two limbs of the defence

Explanation (Lexovia's Commentary)

This section provides a complete defence with two independent limbs, either of which is enough on its own. The first limb covers a person who is actually bound by law to do the act — someone genuinely under a legal duty, such as a soldier obeying a lawful order or a court officer executing a valid warrant. The second limb covers a person who is not in fact so bound, but who, in good faith, believes himself to be bound, and whose belief rests on a mistake of fact rather than a mistake of law. The distinction between the two kinds of mistake is central: an honest factual error — for instance, wrongly believing a particular individual is the person named in a warrant — can found the defence, but a person who correctly understands the facts yet misunderstands what the law actually requires of him cannot rely on this section. Good faith is also essential to the second limb: the belief must be genuinely and honestly held, following due enquiry where enquiry was called for, not a convenient or careless assumption. Where either limb is satisfied, the act is not an offence at all — this is a complete exemption from criminal liability, not merely a mitigating factor in sentencing.

Illustration (Lexovia's Own Example)
A revenue official is directed by a written departmental order, issued under statutory authority, to seal a shop for non-payment of dues. Acting strictly in accordance with that order, the official seals the shop belonging to the person named in it. It later turns out that the order itself named the wrong shop owner due to a clerical error in the department's own records, and an innocent trader's shop was sealed as a result. Because the official acted in good faith, after following the process required of him, under a mistake of fact (as to which shop and owner the order actually concerned) rather than any mistake about what the law required, the official commits no offence, even though the sealing itself caused loss to an innocent party. The trader's remedy, if any, lies elsewhere — not in treating the official's own conduct as criminal.
Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

Does a mistake about what the law requires ever excuse an act under this section?

No. The section only ever excuses a genuine mistake of fact. A mistaken understanding of what the law itself requires (a mistake of law) does not qualify, however honestly held.

Does this section apply to a person who was actually under no legal duty at all and knew it?

No. It applies only where the person is actually bound by law, or believes in good faith, by reason of a mistake of fact, that they are so bound. A person who knows they are under no such duty cannot rely on this section.

What is the practical effect if this section applies?

The act is not an offence at all — it is a complete defence, not merely a factor reducing punishment.

← Previous Section 14 of 358 Next →
Spotted something that looks outdated because of a recent amendment, mismatched, or just a typographical error? Email us or message us on Instagram — it helps us keep this page accurate for everyone who reads it after you.